Gauhati High Court
Kagaj Nigam Karmi Union vs The Union Of India And 3 Ors on 10 May, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010023562015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6373/2015
KAGAJ NIGAM KARMI UNION
HINDUSTAN PAPER CORPORATION LIMITED, NAGAON PAPER MILL, REP.
BY THE GENERAL SECRETARY OF THE SAID UNION P.O. KAGAJ NAGAR-
782413, DIST. MORIGAON, ASSAM.
VERSUS
THE UNION OF INDIA and 3 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF LAOBUR
AND EMPLOYMENT, SHARAM SHAKTI BHAWAN, RAFI MARG, NEW
DELHI- 110001.
2:THE ADDITIONAL SECRETARY TO THE GOVT. OF INDIA
REP. BY THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF LAOBUR AND EMPLOYMENT
SHRAM SAKTI BHAWAN
RAFI MARG
NEW DELHI-110001.
3:THE EMPLOYEES' PROVIDENT FUND ORGANIZATION
MINISTRY OF LAOBUR AND EMPLOYMENT GOVT.OF INDIA
HEAD OFFICE BHAVISHYA NIDHI BHAWAN
14
BHIKAIJI CAMA PLACE
NEW DELHI-110066.
4:THE REGIONAL PROVIDENT FUND COMMISSIONER -1
PENSIONS EMPLOYEES PROVIDENT FUND ORGANIZATION
MINISTRY OF LAOBUR AND EMPLOYMENT
GOVT. OF INDIA
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HEAD OFFICE BHAVISHYA NIDHI BHAWAN
-14
BHIKAIJI CAMA PLACE
NEW DELHI-110066
Advocate for the Petitioner : MR. T U LASKAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
10.05.2024
Heard Shri N. Dhar, learned counsel for the petitioner, who by means of this
petition has put to challenge a notification dated 22.08.2014 issued by the
Government of India regarding amendment of the Employees Pension Scheme, 1995.
It is submitted that the said notification was also the subject matter of challenge
before the Hon'ble Kerela High Court which vide judgment dated 12.10.2018 had
allowed the writ petition and interfered with the said notification dated 22.08.2014. It
is further submitted that the aforesaid decision of the Kerela High Court was the
subject matter of challenge in SLP No. 9610/2019 which was however dismissed on
01.04.2019. However, in a subsequent decision by the Hon'ble Supreme Court dated
04.11.2022 passed in, amongst others, SLP No. 8659-86 of 2019, the validity of the
notification has been upheld.
It is submitted that while the matter was under consideration before the Hon'ble
Supreme Court, the earlier order of the Hon'ble Supreme Court dated 01.04.2019 was
perhaps not brought to the notice. This Court has however noticed that in paragraph 3
of the subsequent judgment of the Hon'ble Supreme Court dated 04.11.2022, there is
a mention of the original judgment of the Kerela High Court in the case of Sunil Kr.
vs. Union of India with WP(C)/602/2015 which was the subject matter of appeal in
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the earlier SLP. However, there is no mention about the order dated 01.04.2019
passed by the Hon'ble Supreme Court in the earlier SLP 9610/2019.
Shri S.K. Chakroborty, learned counsel is present for all the respondents.
In view of the above, learned counsel for both the parties are directed to obtain
necessary instructions to clarify the issue.
List this matter on Friday next, 17.05.2024.
JUDGE
Comparing Assistant
